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Stephen Rostankovski

Senior Associate
+61.2.9513.2386
Fax +61.2.9513.2399
Mr. Rostankovski's practice covers both Australian and international tax issues with an emphasis on cross border corporate tax. His experience includes advising corporates, funds and large family groups on complex tax matters and assisting with disputes and litigation in various Australian Courts. Mr. Rostankovski also regularly assists clients on strategically dealing with tax audits, reviews, questionnaires, compliance reviews and inquiries, managing disclosures and responses.

Professional Background

Prior to joining the firm, Mr. Rostankovski was a lawyer at a specialist tax and commercial law firm and was a tax consultant at a big 4 accounting firm.

  • Advised the shareholders of Billi Australia Pty Ltd and its UK counterpart GLGB Limited on the approx. AUD90m sale of a 100% interest in the Billi Group's global operations to an Australian-based subsidiary of Waterlogic, a preeminent designer, manufacturer, distributor and service provider of purified drinking water dispensers.
  • Advised a marketing and events company on a restructure of its Australian events business, including on all income tax and indirect taxes aspects, to facilitate a sell down of the business to a UK entertainment company.
  • Advised a large family group in relation to a long-running dispute with the Australian Taxation Office, including on strategy and a subsequent restructure of their agriculture business including for tax efficiency and asset protection and succession purposes going forward.
  • Advised a U.S. tax resident family group on a restructure of their Australian assets and other interests, including on Australian and U.S. tax issues such as the Controlled Foreign Corporation and Passive Foreign Investment Company rules.
  • Advised a large family group on structuring investments into a range of U.S.-based managed investment funds, securities, and other investments, from an Australian and U.S. tax perspective. Issues addressed included U.S. tax implications of establishing different types of structures in the United States, direct and withholding taxes payable in the U.S. under different structuring alternatives, reporting and withholding requirements for Foreign Account Tax Compliance Act and Common Reporting Standard purposes, and Australian tax implications on distributions from different types of U.S. entity, and Australian tax treatment of different offshore entity types.
  • Acted for a high wealth family group before the Administrative Appeals Tribunal on a Project Wickenby investigation by the Australian Taxation Office (ATO) where the Commissioner alleged fraud and evasion of over AUD100m. The matter was successfully settled prior to a hearing. Work included interviewing witnesses and the preparation of witness proofs and affidavits, appearing for the client at interlocutory proceedings, researching and document management.
  • Acted for Macquarie Bank Ltd in the landmark 'U-turns' case before the Federal Court and (on appeal) the Full Federal Court in an application for judicial review of the Commissioner of Taxation's decision to amend the Bank's tax assessments following a large business audit of its tax affairs. Work included researching, preparing evidence, witness statements and court books and corresponding and liaising with Court staff.
  • Seconded to an ASX-listed company to supplement their in-house tax controversy team, assisting with numerous ATO audits (general and specific), compliance reviews and risk reviews, including responding to ATO informal queries and formal notices.
  • Seconded to an ASX-listed asset finance company as legal counsel assisting the commercial business implement their standard and non-standard legal documentation, reviewing and negotiating third party contracts and tenders, ensuring the business' compliance with Unfair Contract Term and privacy legislation and assisting the business with general legal issues.